Update on The Americas
Transcrição
Update on The Americas
Update on The Americas No. 4, Summer, 2003 LATEST DEVELOPMENTS ♦ OAS adopts resolution on refugees and asylum seekers Colombia situation ♦ UNHCR expands to “Caribbean Coast” ♦ Indigenous peoples under threat ♦ 6,000 receive IDs in southern Colombia ♦ UNHCR to advise Colombian legislators ♦ Bojayá, one year after the tragedy ♦ Back to school with UNHCR in Panama ♦ Youth recover from trauma in Panama’s Darien region ♦ ID cards improve protection in Ecuador ♦ Colombians flee to Ecuador ♦ Helping Border Communities ♦ Medical aid reaches Venezuela’s border Mexico and Central America ♦ Costa Rica introduces draft migration law ♦ Micro-credit recipients discuss needs ♦ More than 600 refugees recognized in Costa Rica in 2003 ♦ UNHCR moves closer to asylum seekers in Mexico ♦ Guatemala grants residence to refugees ♦ Honduras evaluates new migration law ♦ Canada shares experience with Mexico Southern Latin America ♦ Spanish refugee law guide for parliamentarians launched ♦ UNHCR supports draft refugee law in Argentina ♦ Argentina’s asylum backlog reduced ♦ Resettlement efforts in Chile and Brazil ♦ Red Cross conference analyzes migrant health ♦ UNHCR advises MERCOSUR on migration policies Canada, United States and Caribbean ♦ Québec focuses on refugee resettlement ♦ “Mounties” contribute to refugee security ♦ US and Canada contributions to UNHCR ♦ Mandatory detention under “Liberty Shield” suspended ♦ New Act to help unaccompanied children ♦ Congressional Refugee Caucus launched ♦ Dominican Republic team wins moot court refugee case ♦ UNHCR strengthens work in Dominican Republic Commemorating World Refugee Day Media Relations Public Information Service [email protected] Tel.: (41 22) 739 85 02 Fax: (41 22) 739 73 15 www.unhcr.org www.acnur.org OAS adopts resolution on refugees and asylum seekers Thirty-four states from throughout the Americas have adopted by general consensus a resolution on the protection of asylum seekers, refugees, returnees, stateless and internally displaced persons during the 33rd General Assembly of the Organization of American States (OAS) held in Santiago de Chile from June 8 to 10, 2003. reception of asylum seekers and refugees, and emphasizes the importance of combating xenophobia and racial discrimination against these vulnerable groups. The latter was proposed by the Mexican delegation, in line with the recommendations made at the International Conference on Racial Discrimination held in Durban, South Africa, in 2001. The resolution encourages the few American states which have not yet ratified the 1951 Refugee Convention and its 1967 Protocol to do so, and calls on countries to adopt national mechanisms for the protection of asylum seekers and refugees in accordance with international standards. UNHCR’s Director for the Americas, Hope Hanlan, said the resolution was good news for refugees and internally displaced people in the region, taking us closer to a more comprehensive response to the needs of the victims of persecution and armed conflict. It also introduces two important innovations: it urges states to establish specific standards for the Thirty American states have ratified the 1951 Refugee Convention or its 1967 Protocol. V UNHCR expands work on Colombia’s “Caribbean Coast” UNHCR has opened a new field office in Barranquilla to deal with the delicate situation of the so-called “Caribbean Coast”. pulsion of large numbers of internally displaced Continued on page 2 For many Colombians, a reference to the “Caribbean Coast” brings to mind images of sun and relaxation. It is there where millions in Colombia laid eyes on the sea for the first time. Unfortunately, reality is not so pleasant. Two coastal provinces, or “departments”, Magdalena and Bolivar, are among the main producers of internally displaced persons in Colombia. Magdalena and Cesar are among the departments hosting the most displaced people. The region saw the ex- This settlement of displaced people in Cartagena is one of the areas to be covered by UNHCR’s new office (UNHCR/R. Wilkinson) Update on The Americas Barranquilla office, continued from page 1 persons last year. According to official figures from the government’s Social Solidarity Network, of the nearly 266,700 Colombian citizens who obtained a certificate as internally displaced people in 2002, some 63,700 had to leave their homes on the Caribbean Coast. The Barranquilla office will cover the departments of Magdalena, Sucre, Guajira, Atlántico, and the North of the department of Bolivar. The new field office faces enormous challenges. The number of displaced Colombians is growing in Barranquilla, Cartagena, Santa Marta and other cities, with little response from the government and civil society. Santa Marta, the capital of Magdalena department, is a touristic city boasting beaches and crystalline water. But it also received the most displaced people in 2002, with estimates ranging from 29,000 to 39,600 displaced people in just one year, or some 10 percent of all newly displaced people in Colombia. Illicit crops and a military corridor to the Atlantic deemed strategic by the armed groups, combined with high levels of dissatisfaction among the local population with the government’s provision of basic services, create an explosive mix. Places like the Montes de Maria and the Sierra Nevada de Santa Marta are of particular concern, because of the mix of drug trafficking and internal conflict. Although women are by and large the more affected group, the few initiatives that exist to help the displaced in the area lack a focus on gender. UNHCR’s presence in the area will help bring more government and civil society attention to the plight of Colombians forced to flee for their lives. Since starting work in Colombia in 1998, UNHCR has rapidly expanded its presence to cope with the evergrowing numbers of displaced people. In addition to its branch office in Bogota, UNHCR now has field offices in Puerto Asis, Barrancabermeja, Apartado and Barranquilla, plus satellite offices in Pasto and Quibdo. V Colombia’s indigenous peoples under threat There are only 20,000 Sikwanis (Guahibos) on the face of the earth: 15,000 in Colombia and 5,000 in Venezuela. They live in the upper Orinoco, the Venezuelan region of Amazonas, and the Llanos, a vast prairie region spanning parts of both Venezuela and Colombia. Their home region covers Apure state in Venezuela and the department of Arauca in Colombia. The Sikwani are known for their craftsmanship. The women make dolls from bark and fiber, decorated with seeds. The men are accomplished wood carvers. But their art does not protect the Sikwani from the violence of Colombia´s internal conflict. In early May, reports alerted to a massive displacement of Sikwanis forced out from their homes by clashes between FARC guerrilla and AUC paramilitary groups. UNHCR warned the Office of the UN High Commissioner for Human Rights of the displacement of Sikwanis in the municipality of Tame. The indigenous affairs official in Tame estimated the number of displaced at 400. Other Sikwanis fled to the nearby town of Saravena. A significant number of children, pregnant women and elderly were among the displaced. According to indigenous authorities, members of armed groups raped several women and girls. UNHCR reiterated its concern about the impact of the conflict on indigenous peoples and coordinated with the Ombudsman, the UN High Commissioner for Human Rights, and NGOs to monitor the situation in Tame. UNHCR also liaised with the Colombian government agency dealing with internal displacement (Social Solidarity Network) to ensure that the affected communities received emergency assistance. they said they felt as a consequence of the actions of armed groups. Embera communities in the Atrato River area, Kogui communities in the Sierra Nevada de Santa Marta, and Guambiano communities in Cauca are other examples of indigenous at risk in Colombia. Continued on page 3 Sikwanis are not the only indigenous community under threat from the violence of Colombian armed groups. Recently, an entire community of nearly 400 Tules (also known as Kuna) asked their kinsmen in Panama to take them in, due to Colombia’s indigenous peoples suffer disproportionately from the “anguish and terror” the conflict. (UNHCR/G. Fayoux) -2- Update on The Americas UNHCR to advise Colombian legislators The quality of Colombian legislation on internal displacement and humanitarian issues stands to improve under a new agreement signed in mid-May between the UN refugee agency and the Colombian Senate. The agreement strengthens the capacity of the Senate and the Human Rights Commission to legislate on internal displacement issues. UNHCR will cooperate with the Senate and the Commission to promote and disseminate national and international refugee and internal displacement legislation, and will provide advice and specialized training on displacement for members of the Senate and other institutions. UNHCR will also advise the Senate on designing mechanisms to protect the rights of displaced people, provide them with comprehensive assistance, and prevent displacement. UNHCR’s Representative in Colombia, Francisco Galindo, signed the agreement with the President of the Senate, Luis Alfredo Ramos, the President of the Human Rights Commission, Piedad Córdoba, and the Vice-president of the Commission, Francisco Murgueito. The agreement represents an important step towards the full protection of the rights of Colombia’s displaced people. UNHCR welcomes the Senate’s and the Human Rights Commission's commitment to take action to prevent forced displacement and to protect and assist those who have been forced out of their homes by the conflict. The UN refugee agency will also continue to advise the Parliament on humanitarian subjects beyond those covered by the scope of the agreement, providing advice both when asked as well as independent of specific requests. V 6,000 receive IDs in southern Colombia Nearly 6,000 people received Colombian national identification documents through a special campaign targeting southern Colombia in April and May. The individuals were able to obtain their documents free of charge thanks to registration teams traveling in UNHCR’s mobile registration vehicle to areas hosting displaced people. The teams traveled for as many as ten hours by car and boat to reach the most remote areas. From April 26 to May 17, the campaign provided 3,501 ID cards for children, 1,861 ID cards for adults, and 532 “civil registries” (to officially register births), in ten municipalities in Nariño department: Pasto, Ricaurte, Samaniego, Buesaco, Ipiales, Cordova, Taminango, San Lorenzo, Arboleda, and Mosquera on the Pacific coast. The campaign was possible through an agreement between UNHCR and Colombia´s National Registry, which prioritizes identification documents for displaced people, vulnerable groups and those at risk of displacement. UNHCR will continue promoting these campaigns in Nariño and elsewhere in Colombia, since proper identification is crucial for Colombians to exercise their rights. Internally displaced persons are particularly disadvantaged without IDs. Well over 100,000 Colombians have obtained documents through the UNHCR-sponsored campaign over the last three years. V Inside UNHCR’s documentation vehicle (UNHCR/P. Smith) Colombia’s indigenous peoples, continued from page 2 UNHCR strives to help protect indigenous peoples from a conflict to which they are not a party. Since 2001, UNHCR has worked to strengthen the National Organization of Indigenous Peoples of Colombia and local indigenous organizations to defend the interests of indigenous communities affected by the conflict and to prevent new displacement. Indigenous peoples also top the list for a UNHCR / Colombian National Registry joint campaign to provide national ID cards to isolated communities. Without IDs, Colombians -3- cannot exercise their rights, including the right to ask for government assistance when forced to leave their homes because of the conflict. ID cards alone do not necessarily make indigenous peoples’ lives safer. The war continues all around them, and protecting indigenous peoples does not figure among the government’s priorities. But the documentation efforts and UNHCR’s continued expressions of concern for these particularly war-affected peoples lets them know they are not alone and helps to keep their plight in the public spotlight. V Update on The Americas Bojayá, Colombia, one year after the tragedy One year after a massacre in Bojayá, in western Colombia’s Chocó department, sparked large-scale displacement, some people have returned home while the majority remain displaced and in need of assistance. Afro-Colombian association in the area. work focuses on Quibdó, where many former residents of Bojayá live alongside other displaced people from throughout Chocó. Soon after the massacre, President Andres Pastrana’s government announced the reconstruction of BelOn March 20, 2003, representatives lavista (Bojayá’s main urban center) On May 2, 2002, 119 civilians, inin a new locacluding 48 children, perished when a tion. The new missile hit the church in which they government of had sought refuge from fighting bePresident Uribe tween FARC guerrillas and AUC pabacked the deramilitaries. In the space of one cision. Although week, over 4,700 civilians fled their US$ 2.5 million homes. was approved to build houses Now, one year later, 1,300 people have gone back. Yet many others re- and provide main in Quibdó, the capital of Chocó, several hours of electricity one of the poorest and most remote areas of Colombia. Many remain too daily, even purchasing the frightened and traumatized to be land to build on ready to return. has proven difUNHCR and the UN system are ficult. AuthoriBuilding a community center in Villa España (UNHCR/B. Heger) working to help both those who ties had promchose to go back and those who pre- ised that reconstruction would be of the United Kingdom, the US, fer to stay in Quibdó. It is a gigantic completed by June 2003. However, France, Canada, Sweden, Switzertask that, a year after the tragedy, is by the first anniversary of the tragedy, land, Spain and The Netherlands visstill only beginning. Vice President Francisco Santos, ited Quibdó to see the plan in action. pointing to government bureaucracy, The impact of Colombia´s conflict Officials from the Colombian governacknowledged that it would take has long been felt in Chocó, espement, the Catholic Church and longer to rebuild. cially along the Atrato river. For NGOs joined the visit, along with years, guerrillas and paramilitaries UNHCR reached Bojayá a week after UNHCR, UNICEF, UNDP, WFP, the have been waging a war over this UN High Commissioner for Human the tragedy. By August, a UNHCR waterway, the most important route Rights, as well as IOM. field office was operating in Quibdó. for the trafficking of arms, drugs and A school is being built in Barrio After the tragedy, Chocó was chosen contraband in north-western ColomObrero, a working-class district bia. More than 600 people have been as one of the first regions to benefit mostly inhabited by displaced peofrom the Humanitarian Action Plan killed along the Atrato or its tributarple. In Villa España, young people, designed by the UN system to deal ies since 1996, according to the main with UNHCR’s help, are themselves with Colombia´s humanitarian crisis. building a cultural center which when UNHCR coordicompleted will give them a place to nates its implelearn and grow and, hopefully, heal. mentation, toUNHCR, UNICEF, and the Catholic gether with Dioceses of Quibdó are helping OCHA. Under the plan, UNHCR 1,200 children by training teachers on the specific needs of displaced helped to link up children and strengthening schools the communities and parent associations. UNHCR will and funding also contribute to building two new sources for a schoolrooms this year. fishing project to benefit 850 fami- It is unlikely that all those who fled lies in Bojayá itBojayá will go back. UNHCR is comself. mitted to helping those who return to However, a large rebuild their lives, and those who left part of UNHCR´s for good to build new ones. V Displaced and local Colombian children attend school in Quibdó (UNHCR/B. Heger) -4- Update on The Americas Back to school with UNHCR support in Panama Youth recover from trauma in Panama’s Darien region New ID cards improve protection in Ecuador As children throughout Panama’s Darien region prepared to head back to school in April, the Colombian NGO Project VIDA, with UNHCR support, again provided its annual support to Colombian and Panamanian schoolchildren. Two psychological aid campaigns so far this year have helped close to 200 children in Panama’s Darien region. The campaigns aim to improve the mental well being, protection and local integration of refugee children. This year, uniforms, school supplies and books, as well as grants and literacy programs were provided in Jaque, Yape and Boca de Cupe, in Darien province to benefit some 800 students. These areas along the border with Colombia are host to most of the Colombians who have sought safety in Panama from the conflict in their homeland. Easing the psychological trauma caused by the violence which accompanies displacement is one aspect of the work undertaken by the Apostolic Vicariate of Darien, through Project VIDA, a UNHCR implementing agency in Panama. In many cases, forced displacement involves the sudden rupture of families and community structures, which can have an especially profound impact on the physical and psychological well being of refugee children. New identification documents in circulation in Ecuador since February 2003 are improving and speeding up registration for Colombian refugees and asylum seekers. The cards are special documents for refugees, asylum seekers, and people under temporary protection in Ecuador. The project is part of UNHCR’s efforts to meet the special needs of children in Darien. UNHCR has struggled to provide legal protection for youth through promoting respect of international instruments such as the Convention on the Rights of the Child, and the 1951 refugee convention. At the same time, UNHCR works with NGOs such as Project VIDA on programs to give minors access to education and to secure recognition of their rights and needs as youth seeking protection. V Project VIDA has enabled children and young adolescents in the Jaque region to share their experiences while finding new ways to communicate, play, interact and recover from the painful injuries and losses that they have suffered. Many of those seeking protection are youth and children. The project aims to ensure their right to a better future and give them the resources to construct one. V People forced to flee their homeland often have only one concern: to leave as soon as possible. Frequently, personal belongings, memorabilia and documents are lost, left behind or forgotten. Upon arrival in a new country, identification becomes the first step for asylum seekers or recognized A sample of one of the new ID cards refugees to begin integrating into their host communities. The new cards seek to ensure the legal protection of recognized refugees and people seeking asylum. The cards replaced the expensive passports and temporary certificates previously used. Refugees and asylum seekers can obtain the cards, which also serve as personal ID cards, more quickly than under the previous system. Individual documents are provided for each family member. The Ministry of Foreign Affairs designed the documents and implements the project. The cards are being issued initially only in Quito, using photos and data collected from refugees in the northern cities of Ibarra and Lago Agrio, near the Colombian border. From January through May, 6,130 people have registered. Colombian and Panamanian schoolchildren in Darien (UNHCR/J.Clark) -5- Since 2000, Ecuador has received 16,000 applications for refugee status, mostly from Colombians. The Ecuadorian government, with the cooperation of UNHCR, is responsible for determining refugee status in each case. V Update on The Americas More than 200 Colombians flee to Ecuador In May, UNHCR learned that 229 people from Teteyes in Putumayo department in Colombia had crossed the border and arrived in the town of Puerto Nuevo in Ecuador’s Sucumbíos province. Although the Colombians did not request international protection, UNHCR traveled immediately to the region and coordinated with the Ecuadorian Red Cross to provide humanitarian assistance. Field staff brought aid for the host communities as well as the newly arrived Colombians. UNHCR also organized with the World Food Programme to provide a month’s food rations. UNHCR offered to transport the arrivals to existing shelters. However, as the Colombians are staying with friends and family members in the border area, they prefer to remain where they are for the time being. V Helping Border Communities UNHCR and its implementing partner Caritas Venezuela are carrying out pilot community development projects in Zulia, Táchira and Apure states in Venezuela’s border area. Eight projects are underway to meet needs identified by the community members themselves, including health, education, water systems, sanitation and income generation. They help provide basic services to improve the quality of life of the local residents and to promote integration of Colombians who cross the border in search of protection. A second phase of projects was approved in early June and will be implemented from June through December 2003. They include improvements to water systems, help to preschools, and training and technical assistance for women in Apure to increase the income of vulnerable families. Health training and disease prevention in Zulia will improve conditions in a community of 1,200 people of whom 60 percent are Colombians who have arrived in the past four years. V Medical aid reaches Venezuelan border zone Desperately needed medical assistance has reached hundreds of displaced Colombians and local Venezuelans in the remote border zone in recent months. So far this year, UNHCR, Caritas-Venezuela and the Venezuelan Red Cross have organized medical campaigns in Ureña, Zulia and Apure states. three-month course organized jointly with Caritas-Venezuela. The course trained them to provide information on disease prevention, detect common diseases, refer cases to the local medical clinic and administer first In Ureña, some 6,000 people live in the area targeted for medical aid. Around 90 percent are Colombians, many of whom fled individual persecution or general violence in Colombia. They live in makeshift shelters built from bits of wood Providing medical care in Zulia (UNHCR/D. Rochkind) and plastic often housing two or three families per room. No electricity or sewage sysaid. The group will take the training tems, temperatures as high as 35 deto other nearby communities, evengrees centigrade, precarious food tually reaching some 5,000 people. supplies and no option but to rely on During the Zulia campaign, UNHCR contaminated river water, leave the population under constant threat from offered legal assistance to the victims of the Colombian conflict who dengue or yellow fever, diarrhea, dehydration and malnutrition. Due to the needed legal orientation or aid, or proximity to the border, security prob- wanted to seek asylum through UNHCR. Information material about lems from the presence of irregular UNHCR’s mandate and Venezuela’s armed actors from Colombia further complicate the situation. There are no refugee law was also distributed. medical facilities nearby, and it is diffi- In Apure, 600 people from Puerto Incult for people to travel without identi- fante and Mancanillar received fication papers to obtain care. medical assistance through donations of medical supplies to the disThe medical campaign in late February helped some 800 people, bringing pensary in Puerto Infante. As part of a project implemented through Cariprescription medicines and vaccinattas, UNHCR donated a motor for the ing children against the most comwater tank which provides clean wamon diseases in the area. Dental ter for the entire host community. care and general medical services were also provided. Several families At the General Hospital in Guasdualso approached UNHCR during the alito, UNHCR helped build a milk event to request refugee status. bank to provide mother’s milk to Similar campaigns took place in Zulia newborns. Abandoned or orphaned infants can receive milk through this and Apure to demonstrate support to project as can infants whose moththe host communities. Six doctors ers do not produce sufficient milk, and 30 Red Cross volunteers particioften due to general malnutrition. pated in the effort in El Cruce, Zulia. UNHCR also installed water filters for the local school to provide clean water for some 800 Colombian and Venezuelan students. Twenty health workers underwent a -6- In all three communities, the health campaigns brought aid to Venezuelans as well as Colombians of concern to UNHCR who crossed the border seeking safety. V Update on The Americas Costa Rica introduces new draft migration law Costa Rica’s administration, in office since May 2002, has withdrawn a draft migration law presented by the previous government and replaced it with a new proposal which raises a number of international refugee protection concerns. UNHCR carefully examined the new draft, to ensure that the future law would be consistent with international refugee standards. The agency identified some important points for amendment which will be presented to the Parliament. One of the main concerns is the mixing of refugee status as defined in the 1951 refugee convention with matters of “asilo” or forms of protection under various Inter-American regional initiatives, which are not practiced by the UN system. As a result, the text of the draft law lacks some key international refugee protection provisions, including the refugee definition, refugee rights and duties, the principle of non-refoulement, and identification of the authority responsible for refugee status determination. The former draft law clearly distinguished between the two matters and included a separate chapter on refugees and one on “asilo”. The Forum on Migrant and Refugee Populations examined the law, gathered observations from Forum members including UNHCR, and prepared a document setting forth its official position on the project. The document will be shared with the parliamentary commission, and a hearing before the commission has also been granted. UNHCR will also present its views directly to parliamentarians at a hearing with the commission, expected to take place in June. UNHCR’s comments were incorporated into the now-defunct previous draft, and the agency hopes that its concerns will be similarly included in the new proposed legislation. V First refugee micro-credit recipients discuss needs The first 30 refugees in Costa Rica to receive micro-credits under UNHCR’s trust fund met in May to share experiences and highlight the additional support they need to make their projects a success. UNHCR’s implementing partner ACAI, Asociación de Consultores y Asesores Internacionales, organized this first encounter of refugee microcredit beneficiaries to give them a chance to exchange concerns and views with each other and with ACAI and UNHCR. The meeting also helped find ways to better address the difficulties that the refugees encounter as they struggle for integration in Costa Rican society. “We are here to support you, to try to give you some tools that will empower you in your efforts”, Gloria Maklouf Weiss, ACAI’s Director told the refugees in her opening speech. Noting the unfortunate stigma often attached to Colombians in Costa Rica, Maklouf said, “I am sure you will change this incorrect opinion through your creativity and effort. You are the ones that will show the real values of Colombians.” Andrés Ramírez, Head of UNHCR’s Costa Rica office, underscored the importance of the micro credit projects as a self reliance strategy. The event featured a training session on setting and successfully achieving goals. The refugee entrepreneurs identified problems and gaps in the micro-credit scheme. They need more training and closer follow up, not only in the proposal and approval phase but also once the activity is running. Some basic components like writing objectives, setting plans, and attractive project presentation, were among the difficulties expressed by the refugees. For those whose projects are now running, the main concern is how to better promote their product. Business administration and marketing techniques are being considered as topics for future training sessions. ACAI and UNHCR plan to strengthen their involvement and follow up beyond the approval of the project. The University of Costa Rica’s television channel filmed the day’s activities for a special program for World Refugee Day 2003 which will highlight the micro-credit effort. The refugees also exhibited the products, handicrafts and services produced through their enterprises. The micro-credit project was established in December 2002, following UNHCR’s survey on refugee integration in Costa Rica. V More than 600 refugees recognized in Costa Rica in 2003 Costa Rica recognized 627 new refugees, over 90 percent of them Colombians, during the first four months of 2003, while new arrivals of Colombians remained relatively low. The 627 refugees include asylum seekers recognized directly, family members of refugees recognized by extension, and appeals of previously rejected cases. In addition to 570 Colombians recognized as refugees, other nationalities, including Cubans and Venezuelans, also received refugee status. This brings the number of refugees in Costa Rica to 13,000, of whom 7,896 are Colombians. Meanwhile, the number of new arrivals of Colombians in the first four months of 2003 remained low, at less than half the number for the same -7- period of 2002. On average, 162 Colombian asylum seekers arrived each month. In 2002, prior to the establishment of a visa requirement for Colombians in mid-April, the monthly average was 386. “The situation in Colombia has not improved, and as a result, there will still be Colombians in need of international protection,” explained Andrés Ramírez, Head of UNHCR´s Costa Rica office. “However, in Costa Rica, the ‘visa effect’ is still being felt, which undoubtedly has reduced the number of Colombian asylum seekers arriving to the country.” Asylum seekers from countries other than Colombia increased slightly in 2003: 17 on average per month, up from 12 monthly in 2002. V Update on The Americas UNHCR moves closer to asylum seekers in Mexico In an effort to better assist asylum seekers in southern Mexico, UNHCR has moved its office in Chiapas state closer to a major border crossing point with Guatemala. In late April, UNHCR relocated its office within southern Chiapas state, from Comitán to Tapachula city – the busiest crossing point along the southern border between Mexico and Guatemala, and one of the most important migration routes towards the United States. The Mexican Commission to Aid Refugees has also established an office in Tapachula. UNHCR's presence at this border crossing is especially pertinent now, given the increased border security in the wake of the September 11, 2001 attacks in the US. In 2001 alone, an estimated 1.3 million foreigners entered Mexico legally through its southern border, according to the Na- tional Institute of Migration. It is difficult to estimate the number of undocumented arrivals. However, the magnitude of the migratory movement is evident in the fact that some 150,000 undocumented migrants are returned to their countries in Central America from Tapachula every year under the "safe and orderly program of return" implemented by the government. and support to the government to ensure that asylum applications are processed. The agency will also help support the Mexican Commission to Aid Refugees, the National Migration Institute, and nongovernmental organizations in providing legal assistance to asylum seekers while their claims are being processed by the government. V While only a small percentage of these people may be refugees or asylum seekers, UNHCR believes it is imperative to set up a protection network to identify, channel and assist people fleeing persecution. From the new office in Tapachula, UNHCR's four staff members will focus on providing technical advice Guatemala grants residence to refugees Honduras evaluates new migration law Canada shares refugee experience with Mexico Nearly 500 long-staying refugees in Guatemala, most of them from El Salvador and Nicaragua, can now receive permanent residence under a recently-approved government resolution. The government of Honduras is continuing the process to present to Congress a bill on Migration and Foreigners, which includes a chapter on asylum, refuge and statelessness. Two experts from Canada’s Immigration and Refugee Board (IRB) visited Mexico in early May to provide technical assistance to the Mexican government on refugee status determination. The Mexican Commission to Aid Refugees (COMAR), the national institution in charge of interviewing asylum seekers and determining refugee status, invited the expert visit, following the initiative of UNHCR which financed the program. The two-day course took place in the UN premises in Mexico City. Participants included government officials from the Refugee Status Determination Working Group, the National Institute of Migration, and the Ministries of the Interior and Foreign Affairs, as well as the NGO Sin Fronteras and UNHCR. According to the new resolution, refugees who have stayed in Guatemala for at least two years can request and obtain a residence permit, providing that they comply with the requirements. The permit allows refugees to work legally and thus to become self-sufficient. The resolution was drafted by the National Refugee Council. It is the result of close collaboration between UNHCR and the Guatemalan government to ensure equal treatment and durable solutions for refugees recognized by UNHCR in previous years. In addition to Nicaraguans and Salvadorans, refugees have come to Guatemala from all over the world, including from Africa, Asia and the Middle East. V Before sending the law for Congressional vote, the government held discussions on the draft with civil society and UNHCR in March, April and May this year. A set of proposals and suggestions presented by UNHCR were accepted by the drafting committee. UNHCR and its implementing partner CIPRODEH have been working on this initiative for several years. It is expected that the bill will be tabled at the Congress soon. Refugee status determination in Honduras has been carried out by the government in close cooperation with CIPRODEH based on an ad hoc governmental procedure established in 1999. Approval of the law will constitute a step forward towards a more universal application and implementation of international refugee law among signatories to the 1951 refugee convention. V -8- The two Canadian officers also worked with COMAR’s legal teams and UNHCR protection staff in Tapachula, Mexico, on the border with Guatemala. The Canadians provided technical advice on analyzing refugee claims and preparing recommendations to the refugee status determination committee. V Update on The Americas Spanish refugee law guide for parliamentarians launched Parliamentarians in the Spanishspeaking world now have access to guidance on international humanitarian and refugee law to assist them in their legislative work. The Spanish version of the Guide to International Refugee Law was formally launched on April 10, during the 108th Statutory Conference of the Inter-Parliamentary Union (IPU) in Santiago de Chile. The Handbook was co-authored by the IPU and UNHCR for the 50th anniversary of the 1951 Refugee Convention. It was first launched in English in March 2002. The Handbook, now translated into 21 languages, is intended to acquaint legislators with the basic principles of international humanitarian and refugee law, and to encourage their vital role in securing adherence to these international principles at the national level. The President of the Chilean Senate, Andrés Zaldivar, the President of the IPU's Executive Committee, Sergio Páez, Argentine Deputy Ricardo Vázquez, and UNHCR's Agni Castro-Pita participated in the Spanish language launch. The legislators expressed strong support for UNHCR´s work, called for more generous donor support, and highlighted the need to remain ready to admit refugees and offer them protection. Castro-Pita summarized current international and regional challenges facing UNHCR and thanked Chile for its recent donation to UNHCR. UNHCR also participated in meetings of Latin American and Caribbean countries, the Committee of Women Parliamentarians and the Committee to Promote Respect for International Humanitarian Law. UNHCR took part in discussions on child trafficking, female genital mutilation, and as an observer, on an emergency supple- mentary item on the war in Iraq. UNHCR´s Jose Riera joined in a televised roundtable with Chilean and Argentine legislators on the commitment of States and parliaments to refugees. Mr. Riera encouraged states to ensure that postSeptember 11 migration control measures take account of the needs of asylum-seekers and refugees. Over 1,200 people participated in the conference, including parliamentary delegations from 115 countries, the Andean Parliament, the Central American Parliament, the European Parliament and the Latin American Parliament. UNHCR participated as one of 26 observer delegations. V UNHCR supports drafting of refugee law in Argentina Argentina’s Executive branch is expected to present a new draft refugee law to the Senate in the coming months. UNHCR legal staff have met regularly in April and May with the Argentine National Refugee Committee to provide technical advice on the draft based on international asylum principles. UNHCR supports the development of a specific refugee law in Argentina. At the moment, Argentina’s only legal framework is a 1985 decree which refers to the creation of a national refugee committee but does not contain other provisions for implementing the 1951 refugee convention. V Argentina’s asylum backlog reduced A nine-month project on refugee status determination in Argentina comes to an end in June. Argentina's National Refugee Committee and UNHCR initiated the project in October 2002 to deal with a backlog of some 2,000 pending cases. The project has slashed the backlog by half. UNHCR is now discussing next steps with the Secretariat. V -9- Resettlement efforts continue in Chile and Brazil The latest group of refugees resettling in South America arrived in Chile in April. The 12 refugees – mostly Afghans but also Iraqis and Iranians -- arrived from Azerbaijan and Pakistan, bringing to 49 the number of refugees resettled in Chile since the program began in 1999. In Brazil, the other country in South America which receives refugees in need of resettlement, UNHCR is currently working on a video to disseminate accurate information to refugees potentially considered for resettlement. The video is being produced in co-operation with governmental and non-governmental partners. It highlights the opportunities offered by resettlement in Brazil and promotes refugees’ understanding of the program as a means to begin new lives and become fully participating members of the society. It also shows the challenges which newly resettled refugees must face, and emphasizes the active role which refugees themselves need to play in their own integration. V Red Cross Conference analyzes migrant health Migration and health issues topped the agenda at the seventeenth Red Cross Inter-American Conference, held in Santiago de Chile in April. Participants emphasized the importance of maintaining and strengthening programs to support migrant populations. One conclusion was to analyze the situation of the most vulnerable migrant populations and support national Red Cross societies interested in opening new lines of action, in coordination with UNHCR. Thirty-five national Red Cross societies, eight European national societies and 14 international organizations, including UNHCR, attended the conference. UNHCR took the opportunity to liaise with national societies from the Americas to promote co-operation with UNHCR at borders and on the local integration of refugees. V Update on The Americas UNHCR advises MERCOSUR on migration policies In April, UNHCR provided technical advice to MERCOSUR’s Working Group on migration to ensure that regional migration policies adopted by MERCOSUR countries sufficiently consider the special needs of refugees and asylum seekers. During the meeting, which took place in Asunción, Paraguay, UNHCR presented a position paper in relation to the current regional proposal to adopt a Schengen-Dublin type transfer of responsibility agreement, which would assign respective state responsibilities for examining asylum claims. UNHCR encouraged the bloc to take into account the impact that any course taken may eventually have on the international protection of refugees and asylum seekers. MERCOSUR includes Argentina, Brazil, Paraguay, Uruguay, and associates Bolivia and Chile. V Québec focuses on refugee resettlement Over 100 refugee resettlement workers developed recommendations on refugee selection, orientation, reception, and short- and longer-term integration issues at a conference in Québec in late May. The conference was organized by the Québec Ministry of Immigration and Cultural Relations. It included government officials from Québec ministries, staff of settlement service providers and representatives of the numerous organizations and groups across the province which sponsor resettled refugees under Canada's unique private sponsorship program. Among the themes raised was the need for improved training of NGOs and volunteers involved in receiving refugees. Participants were eager to receive more information from their government counterparts on refu- gees destined for resettlement in Québec, in order to improve settlement service planning. It was suggested that a set of "best practices" on resettlement in Québec could be developed, using UNHCR's new Reception and Integration Handbook as a starting point. Each year Canada resettles around 10,000 refugees from hot spots around the world, 25% of whom are offered new homes in Québec. The conference was held in TroisRivières, a small town on the St. Lawrence river, halfway between Montréal and Québec City. TroisRivières is one of the communities where resettled refugees are placed as part of the province's policy of regionalization. Québec has made a conscious effort to disperse refugees across the province, in order to avoid concentrating them in Montréal, the province's largest and most cosmopolitan city. Citizens and community groups help refugees adjust to their new home. While many countries pursue regionalization poli- Resettled refugee children in Québec (UNHCR/ S. Colvey) - 10 - “Mounties” contribute to refugee security in Guinea What are Royal Canadian Mounted Police Officers (RCMP) doing in Kissidougou? You might be surprised to come across two RCMP officers based in a remote part of Guinea, yet they are a concrete example of UNHCR's partnership with the government of Canada. Canada has a long-standing interest in the question of how to maintain the security and neutrality of refugee camps and settlements to ensure the safety of residents and aid workers. In recent years, Canada has convened two forward-thinking workshops to consider the potential role of international police and the military in refugee security. In early 2003, Canada loaned UNHCR the two RCMP officers, now working in the refugee camps in Guinea, helping to develop that country's own capacity to uphold law and order and maintain security in these areas. In some parts of the world, refugee camps and settlements are fraught with insecurity. Refugee-populated areas have been the object of military attacks. At other times, they may even be the source of armed action, while refugees are also at risk of forced military recruitment. Sometimes they are in danger of falContinued on page 12 cies, Québec's experience is viewed as especially successful. In a keynote speech, UNHCR Representative in Canada Judith Kumin outlined the global context in which resettlement takes place, emphasizing the High Commissioner's focus on durable solutions. There was considerable interest in the French version of UNHCR's new manual entitled Refugee Resettlement: A Handbook to Guide Reception and Integration. The French translation, generously financed by the Canadian Department of Citizenship and Immigration, will be available in the course of the summer. V Update on The Americas Mounties in Guinea, continued from page 11 Helping the host country to shoulder its responsibilities for refugee security is a primary objective of this proactive partnership between Canada, UNHCR and the Republic of Guinea. V ling under the control of people suspected of crimes against humanity and subjected to serious violations of international humanitarian law. The security of refugee women and children can be especially precarious. Local populations may also feel unsafe, and the safety of humanitarian workers can be jeopardized. been in Guinea for half a year. They are helping the Guinean Mixed Brigade (composed of national police and gendarmerie officers) carry out their operations. One of the RCMP officers' main efforts is to share their own experience in community policing approaches with their Guinean counterparts, and help adapt this notion to the refugee camp context. The two RCMP officers have now Their first task was to visit all the refugee camps around the country, meet their Guinean counterparts and UNHCR teams, and undertake a comprehensive assessment of the security Security issues are crucial for refugees in Guinea, like these Liberians in situation. Canada's financial support for UNHCR During the first half of 2003, Canada contributed US$19.1 million to UNHCR's programs – more than the total amount contributed in all of 2002. Canada made its unearmarked "core" contribution of US$7.48 million early this year, so that UNHCR could put the funds to work immediately where they were most needed. Other contributions went to refugees all over the map -from the Great Lakes region of Africa to Central Asia, and from Southeastern Europe and the Middle East. V Kountaya camp (UNHCR/D. Marie) 2003 Americas Funding Overview (in US Dollars as of 12 June 2003) Annual Programme Budget Americas N. America & Caribbean Central America South America SUBTOTAL 2003 EXCOM budget 6,368,578 4,980,892 14,326,020 25,675,490 2003 Revised budget 6,368,578 5,204,320 14,469,592 26,042,490 Private Donors Italy 285,486 285,486 España con ACNUR 402,959 402,959 Germany 294,464 294,464 Norway 273,973 273,973 228,050 912,201 1,140,251 2003 Earmarked contributions Sweden USA 1,750,000 250,000 200,000 1,667,000 3,867,000 TOTAL Earmarked Contributions 1,750,000 250,000 428,050 3,836,083 6,264,133 4% 8% 27% 24% % of 2003 revised budget - 11 - Update on The Americas Mandatory detention under “Liberty Shield” suspended Asylum seekers mandatorily detained under the US government’s Operation Liberty Shield are now eligible for release after certain aspects of the initiative were suspended in late April. The suspension followed the end of the major hostilities in Iraq and the government’s downgrading of the threat level in the US. The Department of Homeland Security initiated Operation Liberty Shield in March 2003, including a provision directed specifically at asylum seekers in the US. The plan provided that "asylum applicants from nations where al-Qaeda, al-Qaeda sympathizers, and other terrorist groups are known to have operated will be detained for the duration of their processing period..." The policy intended to cover asylum applicants from over 30 countries and territories. letter signed by the High Commissioner and in a press release appealing for the protection of asylum seekers in the US. While understanding the exceptional circumstances of war time, UNHCR stated that it could be a violation of international norms to mandatorily detain entire categories of asylum seekers, based solely on their nationality, and without assessing an individual’s security risk. In his letter, Mr. Lubbers underscored that: “Detention of asylumseekers should be the exception, not the rule and should be based on an individualized assessment of the security risk the person poses.” Those detained under Operation Liberty Shield may now be considered for release under previous parole policies. V UNHCR expressed its concern in a Additional US contribution to UNHCR US Congressional Refugee Caucus Launched On 21 May, during a meeting with High Commissioner Ruud Lubbers in Washington, DC, US Secretary of State Colin Powell announced a contribution of US$85 million to UNHCR. A new caucus in the US Congress will focus attention and support on refugee issues. This latest contribution brings the total US contribution in 2003 to US$255.3 million. Some US$75 million will go towards annual programs while US$10 million has been earmarked for the Afghanistan Supplementary Program. At least US$34 million will be directed towards operations in Africa, while another US$13.5 million will be used in Europe, and US$15.2 million in South Asia. Traditionally UNHCR’s largest government donor, the US has funded an average of 25 percent of UNHCR’s annual budget. V The Bipartisan Congressional Refugee Caucus was launched on April 9 with remarks by the four founding co-chairs: Congressman John Conyers of Michigan, Congresswoman Zoe Lofgren of California, Congresswoman Ileana RosLehtinen of Florida and Congressman Chris Smith of New Jersey. The creation of this caucus, which has attained 34 members, will continue the long tradition of US government generosity toward refugees and allow UNHCR the opportunity to further its partnership with the Congress on refugee assistance. UNHCR hopes this body, like the Hunger Caucus before it, will be a decisive and dynamic forum to raise timely discussion and mobilize support for key refugee operations worldwide. V - 12 - New legislation to help unaccompanied children New legislation, introduced in Congress on May 22, could improve treatment and protection for unaccompanied children, including asylum seekers, arriving in the United States. The Unaccompanied Alien Child Protection Act of 2003 would establish minimum standards for the custody and care of unaccompanied children who arrive in the US, create alternatives to detaining children in jail-like facilities, and ensure that children have access to legal counsel and guardians. “Several thousand unaccompanied children, many in need of refugee protection, come to the United States each year. Some flee human rights abuses and armed conflict in their homelands,” explained Guenet Guebre-Christos, UNHCR’s Regional Representative in Washington, DC. “The US asylum system is extremely complex. Giving vulnerable children much needed legal assistance and guardians will help ensure that their asylum claims are heard and determined fairly and that their best interests are held paramount.” UNHCR has been awaiting eagerly the introduction of the bill as a positive measure to strengthen the protection of refugee minors and other children of concern in the US. UNHCR is pleased that the Act would release children to family members or other responsible adults or house them in appropriate settings. They would be held in detention only in exceptional circumstances. The Act builds on the Homeland Security Act passed last year, which transferred the care and custody of unaccompanied children from the Immigration and Naturalization Service to the Department of Health and Human Services’ Office of Refugee Resettlement (ORR). UNHCR strongly supports the transfer, as ORR with its decades of experience is particularly well-suited to meet the needs of unaccompanied children seeking asylum. V Update on The Americas Dominican Republic team wins moot court refugee case Five young people from the Dominican Republic won the 2002 Eduardo Jimenez de Arechaga InterAmerican Human Rights Competition, arguing a moot court case focused on asylum and refugee law. The five law students from the Autonomous University of Santo Domingo -- Esther Reyes, Heidi Bello, Samuel Castillo, Jonathan Baró and Julio José Rojas Báez – were the first team to represent the Dominican Republic in the annual competition. The self-sponsored team traveled to Costa Rica to compete in the finals against nine other Latin American countries -- Colombia, Costa Rica, Venezuela, Mexico, Panama, El Salvador, Ecuador, Guatemala, and Argentina. The competition focuses on the Inter-American system and is organized by the Costa Rican Association of International Law (ACODI) in coordination with the Inter-American Court of Human Rights and the InterAmerican Institute of Human Rights. Competition participants are students from universities throughout Latin America. National qualifying rounds select each country’s representing team. The final round takes place at the seat of the InterAmerican Court of Human Rights in San Jose. Participating teams prepare written briefs on a fictitious case involving alleged violations of the American Convention and present oral arguments at a simulated hearing of the Inter-American Court in which they represent either the Commission or the State. In 2002, UNHCR proposed that the annual competition focus on the rights of refugees. UNHCR’s Regional Legal Unit in Costa Rica collaborated with the Inter-American Court in drafting the case and also provided part of the funding for the competition. The case involved two asylum seekers and their child who are detained and undergo refugee status determination. They are then excluded from refugee status and are pending deportation when they lodge a petition before the Inter-American Commission. The Commission, in turn, brings the case to the Court. The case required teams to base their arguments on international refugee and human rights law. Teams had to rely in particular on the American Convention on Human Rights which recognizes the right to seek and be granted asylum and the right not to be returned to persecution (non-refoulement). They could also draw on case law from the Inter-American Court and Commission as well as jurisprudence from the European Court and the UN Committee against Torture. UNHCR staff helped judge the preliminaries, semi-finals and finals. The competition provided a unique opportunity to promote international refugee law. It demonstrated how refugee protection can be strengthened by integrating international refugee law and human rights standards. It also showed how refugee rights can be protected through recourse by individuals and NGOs to international human rights supervisory bodies such as the InterAmerican Commission and Court. V UNHCR strengthens work in Dominican Republic UNHCR is deploying a staff member to the Dominican Republic to strengthen protection in the country, and assist the government in dealing with a growing backlog of asylum claims. The Dominican Republic already receives the largest numbers of asylum-seekers and refugees of any state in the Caribbean. The deteriorating situation in Haiti raises the possibility of a mass influx of Haitian asylum seekers. The Dominican Republic government estimates that about 10 refugee claims are submitted each month. A backlog of some 200 pending cases has developed in the absence of processing by the government when UNHCR and its NGO partner stopped processing cases in 2000. Although relatively small in global terms, these numbers are significant in the context of the Caribbean and Dominican Republic. The new UNHCR staff member, a Junior Professional Officer, will work under the supervision and with the support of UNHCR’s Regional Office in Washington. The officer will help the government streamline reception and processing of asylum claims, consider and decide claims, and provide proper documentation and work authorization for recognized refugees. UNHCR’s increased presence will also help monitor the situation in Haiti to provide early warning for any potential refugee influx. The individual will also develop - 13 - a network among civil society to support refugees and assist in their protection. Another serious issue is the question of documentation for children born in the Dominican Republic to Haitian parents, and others whose citizenship status is unclear. UNHCR, under its statelessness mandate, will work with governmental and nongovernmental interlocutors to decide how most usefully to address this issue. With the goodwill of the government, the new staff member will provide a much-needed on-the-ground presence and will represent a major step forward in helping the government meet its international obligations. V Update on The Americas Commemorating World Refugee Day in the Americas June 20, 2003 is World Refugee Day, focusing this year on refugee youth. Following is a selection of events organized by UNHCR to mark the day throughout the Americas. Canada - Commuters in Ottawa will see a special ad in either English or French in their buses. 75,000 households will receive a letter encouraging them to log on to www.unhcr.org to learn more about the plight of refugees, and to make a donation to UNHCR's programs. In Toronto, UNHCR and Canadian aid agencies will host over 700 people at an event featuring a free screening of a new IMAX film as well as educational displays, music and a refugee photo exhibit. Festivities include appearances by Canadian music and sport celebrities, including Right to Play Athlete Ambassador Marnie McBean, threetime Olympic gold medallist. Geographic Explorers Hall in Washington, DC. Other Caribbean states will mark the day with radio and TV spots and other events. Mexico and Central America - A special festival dedicated to and performed by refugees and former refugees will be held at the Refugee Park in Mexico City, with arts and crafts displays, food, and musical performances. The photo exhibit “Arrancados de raíz” features Colombian refugees and displaced people. Roundtables on refugee legislation with academics, government agencies and other experts will also take place. In Belize, a refugee fair, radio broadcasts, photo exhibits, school events and an essay World Refugee Day ads are appearing in Ottawa’s buses in June. United States - Together with the National Geographic Society, the Kennedy Center for the Performing Arts, and the Jane Goodall Institute, UNHCR will sponsor refugee performances, exhibits, discussion panels, congressional activities, a poster contest and a staging of a drama, Children of War. UNHCR Goodwill Ambassador Angelina Jolie will launch the celebrations accompanied by a senior government official and a refugee youth. Refugee singers, dancers, musicians and comedians from all over the world will provide three days of free performances for the public at the Kennedy Center and the National Geographic Museum. The Caribbean - UNHCR launched a poster contest for schoolchildren in the Caribbean for the first time this year. Winners from Jamaica, Dominica, and St. Vincent & the Grenadines will receive educational games during events in schools on the day. The winning entries will be displayed with the US winners at the National contest are on the agenda. Honduras is issuing a lottery bill dedicated to World Refugee Day and will broadcast radio & TV shows on refugees. Special fora on refugee youth will be held at universities in Nicaragua. Costa Rica - The day will feature concerts, dances, theater productions, refugee craft exhibits, roundtables, information booths at universities, and a special television program on refugee integration. Colombia - The Spanish version of the documentary “Desplazados”, featuring Angelina Jolie, will be broadcast for the first time on national TV. A video about displaced youth will be shown in 500 schools throughout the country. Press events will focus on displaced youth issues and an OpEd by the Representative will be published. The award-winning film “La primera noche” about forced displacement will be shown. Photo and poster exhibits as well as theater and musical performances will feature - 14 - displaced youth. A street parade in Quibdó and mural painting by 150 children in Puerto Asis are among activities in the field. The day will be launched at the World Social Thematic Forum in Cartagena. Venezuela - An educational magazine for high school students will feature articles about UNHCR's work with young refugees. A workshop for high school teachers will focus on refugees. Movie theaters in Venezuela’s main cities will show UNHCR public service announcements. Three photo exhibits and three classical concerts will also take place in major cities. Media events and a marathon dedicated to young refugees round out the celebrations. Ecuador - The day will feature cultural activities including a photo exhibit, a cinema festival featuring films by refugee directors and an essay writing contest, as well as sporting events and arts and crafts festivals. Panama - Activities have been organized in Yape, Boca de Cupe, Meteti and Jaque in Darien province, including visits to host community schools, a drawing, writing and painting contest, a photo exhibit, sporting events, and the creation of murals in educational centers and churches. Special radio spots will be broadcast. Peru - World Refugee Day will be highlighted in the local media, including an interview with UNHCR’s Regional Representative. An art exhibit on refugees and displaced people will open on the day. Southern Latin America - Media and publicity campaigns are planned throughout the region. In Argentina, a public service announcement produced by Young&Rubicam will run on public networks and cable television channels throughout June, and 15,000 World Refugee Day postcards will be distributed. Five photo exhibits will be held in Argentina and Bolivia, including one on Colombian refugees and displaced people. Celebrations and cultural events are also planned, and refugees in Chile will perform in a play. V